Legal Question in Real Estate Law in Maryland
Unpermitted renovations discovered after home purchase in Montgomery County
After purchasing a �For Sale By Owner� home in Montgomery County in September 2003, we recently discovered that several renovations by the seller, including remodeling two bathrooms, finishing the attic and basement, and adding a deck, were done without securing the necessary permits. The only applicable clause on the sales contract and disclosures (which are standard real estate boiler plate and which we had reviewed by an attorney prior to the sale) makes reference to Montgomery County Code (Section 40-13): ''A Seller is required to fully disclose to Buyers all specific facts relevant to, or affecting any property, imposed by any law or regulation or any commonlaw principle.'' Do we have any legal standing to either rescind the purchase and recover our costs, or to ask the seller to pay for the cost of the inspections, permits, and any needed repair work (including cost of tearing down and rebuilding any part where the inspectors need access or require improvements), and to reimburse us for the value of any renovations for which permits were not granted?
2 Answers from Attorneys
Re: Unpermitted renovations discovered after home purchase in Montgomery County
You didn't indicate in your query how you discovered the problem. Has the county notified you that the property is not in compliance and requires an inspection? I think you have a cause of action for any expenses incurred by you in having to remedy the problem, because the seller failed to disclose the information. Technically speaking you could have checked into this before signing the contract but a reasonable person wouldn't be expected to do that, at least absent any awareness of a potential problem in the renovation.
Re: Unpermitted renovations discovered after home purchase in Montgomery County
Montgomery County zoning applies to the transfer of the property. Where violations of code occurred that encumber recordation you should contact an attorney.
The contract for sale, deed recordation, and title of property may apply. These documents are necessary to proceed with your matter.
Holthaus Law Office
(410) 799-9002
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
